Supreme Court considers free speech vs. retaliatory arrests

Fane Lozman contends he was wrongly prevented from speaking at a city council meeting through an arrest on charges of disorderly conduct and resisting

MIAMI — A Florida man who already won an improbable victory before the U.S. Supreme Court is hoping legal lightning strikes twice in a First Amendment case pitting police powers of arrest against the right to speak freely and protest.

Oral arguments are scheduled Tuesday in Fane Lozman's lawsuit against the City of Riviera Beach, which is just north of West Palm Beach. Lozman contends he was wrongly prevented from speaking at a 2006 city council meeting through an arrest on bogus charges of disorderly conduct and resisting arrest that were later dropped.

The officer apparently concluded that Lozman was about to create a disturbance, so that was enough probable cause, according to court papers.

"There's nothing to preclude elected officials and police to do this anytime they want when they don't like the content of someone's speech. There's no accountability," Lozman said in an interview. "It intimidates the public and they say it's not worth participating in our democracy."

Numerous First Amendment and media organizations, including The Associated Press, have filed "friend-of-the-court" briefs supporting Lozman's position.

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